Low Hop Bing J:

Appeal

This is an appeal by the appellants-defendants ("the defendants") against the decision of the learned sessions court judge ("the trial judge") who on 4 April 2003 awarded a sum of RM30,000 to the respondent-plaintiff ("plaintiff) for "fracture C1 vertebra".

The appeal is against quantum only.

Submission For Defendants

En Vincent Choo Kok Wai, learned counsel for the appellants, relied on Lau Ee Ee v. Tang King Kwong ; [1986] 1 MLJ 308 and submitted that the quantum should have been between RM12,000 and RM16,000 as the specialist's medical report revealed no residual neurological deficits, and that the impugned award of RM30,000 is 200% higher than the normal award given for the injury in question. Being an excessive award, on the basis of Greenfield v. London and North Eastern Railway Co[1945] KB 89, he added that an appellate court could review the quantum.

Contention For Plaintiff

Muhammad Hisham Segaran, learned counsel for the respondent, contended that an appellate court should be disinclined to interfere with an assessment of damages, citing Zamri Md Som & Anor v. Nurul Fitriyaton Idawiyah Nahrawi [2002] 1 CLJ 309; Hang Jong Juan v. Tan Yeo Soo